Altering Gutter Credit Can Result in Violation of CMI

Violation Can Occur Even Without Knowledge of Third-Party Future Infringement- (Gregory Mango vs. Buzzfeed, Inc.) The Second Circuit Court of Appeals recently ruled in favor of a freelancer photographer, Gregory Mango, and against Buzzfeed when a photo editor ran a photo crediting the subject’s attorney instead of the photographer.  Mango regularly contributed photographs to newspapers, […]

Google Images Update: So much more than a badge

After a year of collaboration with the Digital Media Licensing Association, Google has launched its licensable image features. These features will help users identify images from licensors in Google search results. However, there’s even more to it than the highly anticipated badge. Through the Usage Rights filter, users now can restrict search results to images […]

The Instagram Saga Continues

In a recent statement sent by email to Ars Technica that will please many rights holders, a spokesperson for Facebook (Instagram’s parent company) stated that although users grant Instagram a sublicense to their content by posting it on Facebook, that sublicense does not extend to API users who are required “to have the necessary rights […]

DMLA Tech Initiative Focuses on Strengthening Metadata for Video

The Digital Media Licensing Association’s Technology Committee, as part of its 2020 Initiatives, is focused on metadata preservation for photography and video. The head of the committee, Mark Milstein, CEO of Microstock Solutions, also sits on the IPTC Video Metadata Hub committee, helping the footage licensing industry bridge technical differences on both sides of the Atlantic. […]

Show the Tattoo: Video Game Company Free to Depict Inked Basketball Stars

Four years ago, a company owning rights to tattoo art initiated a copyright infringement lawsuit in the U.S. District Court for the Southern District of New York asserting that the makers of the popular NBA 2K games infringed its rights by creating avatars of real-life basketball players complete with their tattoos.  Recently, after full discovery […]

Contractual Disruptions: How They Arise and How to Prepare

With the recent spread of the novel coronavirus COVID-19 and its unprecedented precipitation of social-distancing, work-from-home policies, shelter-in-place orders, and limitations on foreign travel, many individuals may be questioning whether certain contractual obligations are excused. This article provides a primer on the contract concepts of force majeure, impossibility and impracticability, and related provisions that affect, […]

Extraordinary Times Call for an Extraordinary Gathering of Minds

Although our minds are overwhelmed by the current state of affairs, we understand the importance of continuing education and advocacy when it comes to digital media licensing.  The Digital Media Licensing Conference allows you to stay informed and connected with our industry.  Mark your calendar for October 25-27, 2020 for the 25th Annual Digital Media […]

Court Upholds Group Registrations but Cuts “Look Back” to Three Years

Appellate Court Decides Important Copyright Issues Regarding Corbis Registrations and “Look Back” Period for Copyright Damages (Sohm v. Scholastic Inc., No. 18-2110, 2020 WL 2375056 (2d Cir. May 12, 2020) In a recent decision that finally resolved two outstanding copyright issues, the Second Circuit Court of Appeals—the appellate court encompassing New York—upheld the validity of […]

DMLA Announces New Executive Director

The Digital Medial Licensing Association is pleased to announce the appointment of Elaine Vitt as Executive Director. Ms. Vitt brings a unique set of skills to DMLA, with significant experience in journalism, international marketing & communications, non-profit trade association management, event planning and content generation. Her strong strategic, communications and administrative skills match the evolving needs […]

DMLA SUPPORT STILL NEEDED FOR CASE ACT

Dear Members: We have had great response from the House for the CASE Act and we now have 31 co-sponsors for H.R. 2426!  The letter writing and meetings with representatives is working, but we can’t stop now.  We still need efforts from all of you to get the support for the bill up to triple […]